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Rakhi (Software )     27 September 2011

When will i have 1st hearing in court

Dear Learned members,

I had filed 498 case against my husband.Police have prepared the chargesheet and had sent it to court.

1.When can i have my first hearing in court.

waiting for  response



Learning

 7 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 September 2011

Dear,

U should file an application with the concerned court to know the status of ur case, then u would come 2 to know what is going on in ur matter and when it would be put up in the court.

Rakhi (Software )     27 September 2011

I checked with Police and they have send the charge sheet.Dont know to whom shall i contact to know the status.

Generally once charge sheet is sent ,how long does the court take for the 1st hearing?

Sanjeev (Lawyer)     27 September 2011

The chargesheet is sent by police to the circle office there it is verified and then sent to the court. The court will issue summons to the accused to appear on a specific date based on availability of the dates. You can check in the concerned court but it would take 4-5 months atleast from the date of filing chargesheet for the first date. You can check with the court staff where your husband was presented after arrest they can check the file and confirm the date.

Tajobsindia (Senior Partner )     28 September 2011

1. Ask Police of Jurisdiction Magistrate's Court address / court number.


2. Go and/or send your men and/or agent to concerned Jurisdiction Court and ask court staff of case status wherein you will come to know of next date of hearing.


However if you have appointed a adv. then ask him to do the search on your behalf and make you aware of the same at the earliest.

Adv. Chandrasekhar (Advocate)     28 September 2011

It shows that you are inteerested to follow up the case regularly.  Once you find out the date,appear in court on each and every date to intervene in your case effectively.  From here onwards,there is every likelihood of connivance between accused and prosecution and some times judges.  So your presence alongwith your advocate may reduce the possibility or otherwise also you may effectively intervene to get justice, which is eluding you till today.  After chargesheet is filed, the court will issue notice to the accused and in his presence charges are framed.  He will be given opportunity to put his objections against charges.  If the court accepts his objections and drop charges/some charges, then you along with A.P.P. can put your submissions in favour of charges.  Once charges  are framed,prosecution evidence starts.  You insist the APP that your evidence will be taken first,which will be advantage to you. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 September 2011

Strictly speaking you would get summons to appear as witness in that case.

 

You have no role prior to that, the chargesheet would be considered by the court and then charges would be framed by the court, till then you have no role.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 September 2011

Dear rakhi

When the court issue summon to you for appear in the court as witness then you appear before the court perior this you have no role in this matter

feel free to call me on 9953809956


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